Acórdão nº 003632 de Supremo Tribunal Administrativo (Portugal), 28 de Outubro de 1993
Magistrado Responsável | DIAS SIMÃO |
Data da Resolução | 28 de Outubro de 1993 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: ANULADA A DECISÃO. ORDENADA A BAIXA DO PROCESSO.
Área Temática: DIR PROC CIV - RECURSOS. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART236 N1 ART237 ART238 N1 ART239 ART805 N1. CPC67 ART662 N2 B ART722 N2 ART729 N1 N2 ART730 N1. CONST82 ART13 ART18 N1 ART59 N1 A N2 A.
Jurisprudência Nacional: AC STJ DE 1986/08/12 IN BMJ N358 PAG526. AC STJ DE 1991/10/25 IN BMJ N400 PAG493. AC STJ DE 1990/11/07 IN BMJ N401 PAG478. AC STJ DE 1990/03/01 IN BMJ N395 PAG396. AC STJ DE 1990/11/14 IN AD N350 PAG268. AC TC DE 1989/03/09 IN BMJ N385 PAG188. AC STJ DE 1991/10/02 IN AD N366 PAG823. AC STJ DE 1991/12/04 IN AD N373 PAG101.
Sumário : I - A interpretação das declarações negociais somente integra matéria de direito quando deva ser feita nos termos dos artigos 236 n. 1 e 238 do Código Civil, uma vez que então não se trata de fixar apenas factos, mas de aplicar um critério legal normativo, devendo o tribunal apreciar se esse critério foi correctamente entendido e aplicado pelas instâncias. II - Diversamente, a interpretação da declaração negocial já constitui matéria de facto quando esteja em causa a determinação da vontade real ou de qualquer outro elemento factual. III - O conceito jurídico - constitucional do princípio da igualdade consagrado em termos genéricos no artigo 13 da Constituição da República abrange a proibição de...
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